martha: you are the seth mcfa martha: "happening now" starts right now. jon: brand-new stories and breaking news. jenna: four days ago in washington's fight to avoid steep budget cuts u. may feel it in a big way on your next trip to the airport. more on the olympic icon charged with premeditated murder. we have the latest on the "blade runner" charged with killing his girlfriend. a second serving of severe winter weather. it's all happening now.

countdown to the sequester showdown. hi, everybody, i'm jenna lee. and i just floated this idea to our audience. you know the jaws music from the academy awards? every time we say sequester this week i'm wondering if it should come up. jon: a little audio cue. jenna: both because it's a little ridiculous and also because everyone is making it so dramatic. jon: i'm i'm jon scott. four days until the cuts kick in. democrats holding a news conference now with the air travel association on how sequestration will affect air travelers, but they are not the only ones. the white house says the cuts will hurt education, plus spark furloughs for hundreds of thousands of government workers. some prominent republican blasting the president for these so-called scare tactics. >> my advice to the president is stop the campaigning, stop sending out your cabinet secretaries to scare the american people. roll of your shraoefps and d

sleeves and do the hard work of governing. jon: do democrats say the affects will take effect. >> reporter: there is little operat optimism on both sides that something will be done to avert the cuts. they keep calling for an increase in tax revenue. >> unless the republicans are willing to compromise and do a balanced approach i think it will kick in. i'm a little confused about the republican position at this point, it appears that speaker boehner doesn't have any kind of bill that he can even put on the floor of the house that could pass within his caucus. >> reporter: i should note both the house and senate are returning from their week-long president's day recess. it will be interesting to see if there is any change in tone after these lawmakers may have got even an ear full from their constituents, jon. jon: it seems as we heard here

from senator mccaskill, democrats are blaming the republicans for all of this. what are the republicans say. >> reporter: they say the president 4 should spend more time trying to find a solution rather than saying how balanced the situation is going to be. the senate republican leader mitch mcconnell issued a statement saying, quote, what we till don't know is whether the president has a plan for smarter more common-sense cuts to the waste and endless growth in washington. surely he can put forward a plan to cut 2 to 3% from a $3.5 trillion budget. a top house republican is talking about prioritizing these cuts. >> well, again, if we have flexibility there is a big difference from a sailors on the eisenhower out in the mediterranean and the travel coordinator at the epa, you can't treat them the same. the way it's structured it treats everyone the same. you can't do that. >> reporter: there seems to be anxiety building with a lot of governors saying they are

frustrated with washington in general, worried about the impact these cuts will have on their individual states i. should note we are going to hear from the house republican leadership at 4:00 eastern, about five hours from now and see what they have to say about this week going forward, jon. jon: it's going to be an interesting week. you're going to be busy. mike emanuel on capitol hill. jenna: new information this morning in the "blade runner" murder case out of south africa. oscar pistorius is checking in with the police there to discuss the terms of his bail agreement. the olympic track star remains free pending in the shooting death of his girlfriend reeva steenkamp. he claims he shot her by accident. greg palkot is following the story live in pre torrey a. >> reporter: we ar pre tore pretoria. >> reporter: we are outside the home of the uncle where p oscar pistorius as been staying since he was released. he says oscar is going through a quote, living hell. i'm going to step aside and have

my cameraman show you what a living hell looks like. through the security gates you can see the pangs brick mansion, lush trees behind and a gorgeous view of pretoria behind that. we watched a couple hours earlier as an suv rolled out of there. we believe oscar pistorius was inside. he went off with his lawyers to a meeting with officials in the city, which bail terms we have learned has changed. instead of going to a police station twice a week until this is trial in june a corrections officer will come here once a week. it could be argued that is a better checkup on him, still it saves oscar pistorius a few trips. meanwhile folks here are talking about another twist we learned about in the case. his brother carl faces the equivalent of involuntary manslaughter charge. according to the police he was involved in an accident in 2008 in which a woman smokis

motorcyclist was killed. he had a day in court as his brother was in court on the charge of killing reeva steenkamp. one more strange twist in this matter. it turns out that the aunt of oscar pistorius, get ready for this. is a top murder profiler in south africa. she used to work with the south african police, now she is on her own. the speculation here is, jenna, that she won't be officially involved in this case. back to you. jenna: some interesting dynamics there. greg palkot live in south africa. greg, thank you. jon: now this fox news weather alert. there is no rest for folks weary of winter weather. oklahoma seeing white out conditions in the latest blizzard to pummel the central plains. officials there are strongly urging people to stay off the roads today. the massive storm system also has its sights set on the midwest. chicago could see more than six

inches of snow by the time it's all over. and storms expected in the gulf states. flooding and tornadoes are possible. maria molina live from the fox weather center. >> good to see you. we are talking about yet again another blizzard across areas that last week on thursday had to deal with blizzard conditions and over a foot of snow picking up record amounts of snowfall. amarillo, texas this time around could be looking at up to 20 inches of snow and we already have blizzard conditions occurring across the panhandle of texas, oklahoma as well and even into areas across kansas starting to pick up heavy snowfall. widespread amounts of over a foot of snow expected across this area. the bigger problem is that when you factor in the wind you're going to have white out conditions occurring across the area, blizzard warnings are currently in effect, expected to continue throughout the afternoon hours. winter storm warnings more widespread extending into northern sections of illinois and chicago under a winter storm watch because they could be seeing over six inches of snow

as we head into tomorrow. by tomorrow evening many of you heading home from work in chicago will be looking at pretty dangerous conditions on the roadways. otherwise on the southern side of the system warm temperatures, humid air than that will be firing up the strong thunderstorms across eastern texas, louisiana, a very widespread area. extending into southern areas of georgia and the florida panhandle. tornadoes, damaging wind gusts, large hail possible and expecting to see heavy rain across sections of georgia. flooding will be concerned. a foot of snow expected from the texas panhandle into sections of missouri. a widespread area expecting a hrofrt snow. jon, the one little bit of good news is that we do have drought conditions across the center of the country so some of the snow will produce a little bit of a dent in the drought conditions. georgia also under a drought getting some much needed rain. jon: that is good news there. maria molina, thank you. jenna: new information on a disturbing scandal in europe involving horsemeat showing up in the food supply there.

authorities have now found horsemeat in furniture chain ikea's meatballs that they serve at the stores. it was sold in 13 european countries. ikea says they've pulled the meatballs off store shelves but the scandal is still there. this is part of a much wider food labeling report that has spread across europe. slaughterhousess secretly using horsemeat in frozen products because it's cheaper than beef. one of the largest culprits has been tesco. one sample of their ground beef was actually a quarter horsemeat. >> a major olive branch from america's top diplomat as john kerry makes his first trip overseas as secretary of state. we'll tell you what he's now offering iran in the ongoing controversy over its nuclear program, and what he expects to accomplish by the end of this trip. and as the chairman of the republican national committee,

reince priebus tries to figure out what went wrong in the 2012 elections. we'll look at who he's having advice from. and are the republicans ready for the major make up their party could face as a result? [ male announcer ] any technology not moving forward is moving backward. [ engine turns over, tires squeal ] and you'll find advanced safety technology like an available heads-up display on the 2013 lexus gs. there's no going back. ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it.

jenna: fox news alert now. secretary of state john kerry extends what some describe as a major olive branch to a country that many consider to be one of our top enemies. secretary kerry is in london today on his first overseas trip as america's top diplomate. he has direct words for iran about its nuclear program which some consider the biggest diplomatic challenge we face. >> the window for a diplomatic solution simply cannot by

definition remain open forever. but it is open today. it is open now, and there is still time, but there is only time if iran makes the decision to come to the table and to negotiate in good faith. jenna: timing is everything here. talks with iran begin again tomorrow. james rosen is traveling with secretary kerry and he joins us by phone. james, we talked a little bit about what secretary kerry said today. before he got started on this trip there was some diplomatic turbulence as you might describe. tell us more about that. >> reporter: a good day from london, jenna where the motorcade is moving toward the airport. secretary kerry has plans to hit nine countries in eleven days on this tour. four of them are traditional allies in europe, london, paris, berlin, rome, before he swings through five arab and muslim countries, turkey, saudi arabia,

cairo,ee kweupt cairo, egypt, uae and qatar. he is meeting with the leaders of the syrian council, the political wing of the syrian regime there bashar al-assad. they announced over the weekend they are boycotting the session over the displeasure of washington's failure to provide arms to the rebels. there has been increasing pressure on washington to do that. there is no talk about that forthcoming. they are trying to salvage the meeting and get the rebel leaders to go to rome and meet with kerry on thursday. he personally dialed on the phone the syrian opposition president to encourage him to join him in rome. so far there is indication that they will come after call.

jenna: we shared with our viewers a little bit about what secretary kerry said about iran. this trip is so important because it sets the tone, very much if you will for his term, his time as secretary of state. we heard that he was nudged a little bit on the syria issue, specifically. can you tell us a little bit more about that? >> reporter: that's right. the foreign secretary, the british foreign secretary william haig said very clearly in a news conference the two men held a short time ago that the us plans to do more to help the syrian rebels over and beyond what they are doing on the humanitarian side. he added almost as a warning that policy of the west towards bashar al-assad cannot stay static as the weeks go by. many interpreted that as a nudge of secretary kerry to try and get him to get the president to persuade him to supply arms to the syrian rebels, jenna. jenna: a big week for secretary

kerry, a big week in foreign affairs. it seems to be always week after week, james traveling with secretary kerry. james rosen, thank you. >> reporter: thank you. jon: the republican party could be in for a major make over as republican national committee chair reince priebus takes on a mission to mind out what went on in last year's election. as a four day twinning through denver, los angeles, seattle, he is likely to get plenty of advice. let's talk about it with david drucker, executive direct he shall of row call. >> what this really is a part of is the autopsy report that the chairman commissioned after the 2012 elections. we all know that it didn't go well for the republicans on many levels and two of things they want to address with this growth and opportunity project, which is the name of the report that will be released some time in

march, is how over the coming years do they establish relationships and increase their support among ethnic minority voters and how do they improve technology behind get out the vote and voter turn out operations that the president's campaign and democrats have such a handle on. jon: republicans believe they've been outgunned when it comes to harnessing, technology and social media. >> i think it's a fact that since the 2004 election which was the high watermark for republican get out the vote efforts in that case the republicans were advanced and beyond what the democrats were able to do. the democrats under obama have caught up and far surpassed when republicans are able to do in terms of both gathering data, but then analyzing it and putting it to use, either to turn voters out, to discourage voters for the opposition from showing up, and in addition to that using social media as a way to harness support among the

electorate in general. i think there are many areas here where republicans know they have to improve, but they've got to figure out how to do it, and what the chairman is doing both in visiting facebook, talking to technology experts in the bay area of northern california, and he'll be in washington state in seattle to talk about early voting in general. there, jon as you remember democrats are just a lot better right now at turning out voters for early voting. why that's so important, sometimes it's hard to convince somebody to show up on one day out of 365. but if you've got four weeks to work them over you can get them out to vote and end up with more voters. jon: success r- mark zuckerberg is a big obama supporter. it seems like a strange stop for the republican national committee. >> it's a business. mr. zuckerberg hosted or is going to host a fund-raiser for governor christie out of new jersey.

money is green i. don't think that it's such an order plac odd place for the chairman to stop. jon: thank you very much. we'll keep an eye on th on the trip and look for the report when it comes out. jenna: what is behind some of the skyrocketing gas prices and is there relief in sight? what does it mean for the summer prices we're going to see. we'll go in d depth ahead. the stars shining brightly at the oscars last night. the president is calling for wealthy americans to pay their fair share why some top films are getting millions and millions of dollars in tax breaks. what are the a-listers saying about that? we are live with that story ahead. [ male announcer ] what?! investors could lose

tens of thousands of dollars in hidden fees on their 401(k)s?! go to e-trade and roll over your old 401(k)s to a new e-trade retirement account. none of them charge annual fees and all of them offer low cost investments. e-trade. less for us. more for you. ididide? you're not my dad ahh!! hey honey, back feels better, little dancing tonight, you and me? dr. scholl's pro inserts relieve different types of lower body pain by treating at the source so you're a whole new you. go pro with dr. scholl's. and these come together, one thing you can depend on is that these will come together. delicious and wholesome. some combinations were just meant to be. tomato soup from campbell's. it's amazing what soup can do.

affects all of us. gas prices are just going up big time. a record month for february. we are seeing the highest prices ever for the month of february. with the national average for a gallon of regular now at $3.77. it's more than 40-cents higher than just a month ago. you're not imagining things. the pain at the pump especially bad in southern california where the average for a gallon of regular gas runs a whopping $4.31. that is the second highest single month jump ever there. we have a fox business news contributor with us. phil, all the numbers tell us gas prices are high. why are they high. >> reporter: there are so many reasons. especially you mentioned california. california of course had that huge refinery fire earlier this year. it forced a lot of those other refiners to pick up the slack and not go into maintenance early. now they can't stay out of

maintenance forever, so they went into maintenance, causing a tightness of supply. i'll tell you, jenna, around the country we've had major refining issues that have caused the price of gasoline to go up, whether it be the east coast because of the hurricane, you know, the midwest because of the big crude unit going down, or even on the west coast. refining issues are number one, number two was the price of crude. you know, china consumed more crude than they ever did in the month of january, that helped drive up the cost of crude oil, and when crude oil prices go up gasoline prices always follow. jenna: this is the prices that we're seeing in february. what is the summer driving season going to look like? >> reporter: you know, this was a disa disaster, i don't think it will be as bad as people fear. a lot of things that made gas prices go up may help us when the summer driving season comes along. a hroflt the maintenance wa lot

of the maintenance we do in april and may is actually getting done early. the refiners have a delicate balance as to how much winter blend of gasoline they should produce versus the summer blend. they have to drawdown the winter supply and keep prices up. we are vulnerable to price spikes. because we started this early when the summer driving season does come along we should be very well supplied, and that should keep a cap on the traditional run up you normally see in april and may. jenna: real quick here phil we've had the payroll tax cut expire, most folks are getting less in their paychecks. we are seeing gas prices go up, and we have the sequestration lurking at the end of this week. your overall thoughts on the economy, where the american consumer is at. is that all bad news for the year ahead? >> reporter: i'll tell you what 58% of all americans case i can bee came out and said when it comes to gasoline prices that is the main thing to make them feel good or bad about the economy. with prices being up that is bad

right now. i think what it comes to the sequestration, the uncertainty about the economy, that is going to definitely hurt the market right now, but i will tell you this. ben michae bernanke is talking tomorrow. miss comments could make-or-break the cost of gasoline, 5 or 10 krepblts a value. we hav 10-cents a gallon. >> we have to see what he says about the costs. jenna: great to see you as always. thank you. jon: fox news alert right now president obama is in the state dining room at the white house addressing the national governor' association. chances are pretty good that your governor is in the room listening to the president. you can imagine sequestration is one of the words that is coming up a lot. we will be talking more about that. if you'd like to watch the president's remarks live we have them streaming for you on

foxnews.com. in the meantime, google, do you ever use that? it offers all kinds of information at your fingertips but it turns out the government may be doing some searching of its own. startling new statistics showing the huge spike in requests for information coming from government officials. as the gun control debate rages in washington, prosecution -gs for lying wheprosecutions for lying when trying to buy a gun have actually fallen during the obama administration. we'll take a look at why in a live report. commitment to the gulf. and every day since, we've worked hard to keep it. today, the beaches and gulf are open for everyone to enjoy. we've shared what we've learned, so we can all produce energy more safely. bp's also committed to america. we support nearly two-hundred-fifty thousand jobs and invest more here than anywhere else. we're working to fuel america for generations to come. our commitment has never been stronger.

. ...

jon: right now some startling new data being released by google. the search giant reveals , everyday americans private information. many times without any kind of a warrant. doug mckelway is taking a look at this. he is live in washington this morning. what is going on there, doug? >> reporter: jon, the good news about this is google is voluntarily releasing information about how many times law enforcement requests a look at your e-mails or online activit the bad news that law enforcement is peering into americans internet viewing habits raising concerns about more loss of privacy the government made a record 13,753 requests to read e-mails or gather other information sent through google services in 2012. more than half of them without warrants. 68% of them in fact were sent through subpoenas. 22% through search warrants.

10% through court orders. troubling to many people the law that governs these requests, the electronic communications privacy act, was passed in 1986. that is before americans even had an internet. in a statement google recently said, quote, before company plying with a government request we make sure it follows the law and google's policies. we notify users about legal demand when appropriate unless prohibited by law or court order. if we believe a request is overly broad we seek to narrow it like when we persuade ad court to drastically limit a u.s. government request for two months of user search queries. now, keep in mind, google owns an awful lot of properties. not only is there google but gmail, youtube, picasso, online photo sharing site. feed burner, a management tool for bloggers or orkit. a networking site popular in india and brazil and android

smartphone operating system. this new legal issue how much access the government should have to internet communications is subject of a conference featuring legal scholars, civil libertarians and google representatives is starting at 1230 in washington. we'll keep an eye on that. if you don't want the government to poke around your online history. delete your history. it doesn't entirely stop the access of it but limits the duration they can examine it. jon, back to you. jon: brave new world we're getting into. doug mckelway, thank you. jenna: don't why when you buy. that is the national campaign when purchasing firearms. statistics show buyers are not always completely honest. many are suspected of giving false information are never prosecuted. both of those things are not good things. william la jeunesse is live from our los angeles bureau with more, william? >> reporter: jenna, one way to keep guns out of the hands of criminals is prosecute those who give

them weapons. the problem is straw buyers are rarely prosecute. when they are, many get little or no prison time. this as a new study shows gun prosecutions under president obama hit a decade-low in 2011. >> universal background checks are universally supported just about, by gun owners. >> reporter: a new national campaign warns of lying while trying to buy a gun. those statistics show many who do are rarely punished. >> the first question on the 4473 form is, are you actual buyer of the firearm? >> reporter: according to justice department department data, in 2010, 6 million americans applied to buy a gun. less than 2% or 76,000 are denied. of those police investigated only 4,000, even fewer, just 44 were prosecuted. only 1 were punished for lying in buying a gun. >> if it is a priority for the president all he has to do is say i want my federal

law enforcement officials to prosecute these kinds of cases. >> reporter: under president obama, prosecutions for illegally possessing a gun are down 1% from five years ago. down 29% for making a false statement when buying one. administration officials argue prosecutors lack money. gun cases lack jury appeal and penalties lack pain. >> four out of ten straw purchasers really suffer no meaningful consequence to what they just did. >> reporter: data shows a third of those charged with gun crimes serve no jail time at all. those who do, serve only one to four years of a possible 10-year sentence for lying or illegally possessing a firearm. >> obviously there is a different level of priority given to these kinds of crimes in this administration than existed in previous administrations. >> reporter: data is damaging to lawmakers who want more gun controls. on friday, 23 house republicans asked the president why he wanted more gun laws while failing to enforce ones already on the books, jenna?

it appears the universal background check for all gun purchases at gun shows for private sales, that is likely to pass on capitol hill. jenna? jenna: a story we'll con to watch. william, thank you. jon: just in, we told you the white house has the national governors association in attendance today. the president is speaking to them. the big item is the sequester cuts that are due to come up on friday if no deal is reached to avert them before then. here's the president on the sequester. >> as i've said we should be asking ourselves three questions every single day. how do we make america a magnet for good jobs? how do we equip our people with skills and training to get those jobs, and how do we make sure if they get those jobs that their hard work actually pays off. as governors you're the ones who are on the ground seeing first-hand every single day what works, what doesn't work and that's what makes

you so indispensable. whatever your party, you ran for office to do everything that you could to make our folks's lives better. one thing i know unites all of us and all of you, democrats and republicans and that is the last thing you want to see is washington get in the way of progress. unfortunately in just four days congress is poised to allow a series of arbitrary, automatic budget cuts to kick in that will slow our economy, eliminate good jobs, and leave a lot of folks who are already pretty thinly stretched scrambling to figure out what to do. jon: so once again, as you heard there the president is blaming congress for this idea of the sequester, although every indication is that it originally came from the white house. at any rate, if you would like to hear more from what the president has to say to the national governor's association, we have it streaming for you life on foxnews.com. jenna: and in the meantime

some of the biggest names on last night's red carpet are also big supporters of the president and his call for higher taxes on wealthier americans. it turns out some of these big stars and supporters of the president and his tax plans are huge beneficiaries of ten of millions of dollars in tax breaks for their movies. liz macdonald is with the fox business network and taking a closer look at this. the liz, which movies are getting these tax breaks? >> reporter: good to be with you, jenna. "argo", "lincoln", "silver linings playbk", basically "django unchained". this is data coming out of the government accountability institute. it says "django unchained", for example, is seeking eight and a half million dollars in tax breaks from the state of louisiana. "argo", 6.2 million from the state of california. "silver linings playbook", $5.6 million from the state of pennsylvania and "lincoln", 3 1/2 million from the state of virginia. overall, 1 1/2 billion dollars in tax breaks go to hollywood. about 430 million dollars in

tax breaks came out of the fiscal cliff deal for hollywood. so the issue is taxpayers are basically paying a lot of money to hollywood not just in ticket prices. also taxpayer paid for subsidies in hollywood. a lot of states are saying hey, wait a second, this money, jenna, may not be worth it to give taxpayer money to hollywood productions because it basically funds temporary workers that come in from out of state. when the production is over the workers, many of them, go back on jobless benefits or unemployment. so there's a positive and negative side to this story, jenna, we're digging into here at fox business. jenna: as you point out, it is both federal tax breaks and state tax breaks. so it is not just the federal government that is handing out these tax breaks for the movies, right? >> reporter: that's right, jenna. in fact at the state level, back at the beginning of the last decade, only five states were giving tax breaks to hollywood. now something like 40 to 45 states are doing so.

jenna: wow. >> the thinking it creates jobs in the home state. it is great for the state's public image. but missouri and michigan are taking a second look and other states saying hey, maybe it is not worth for funding from hollywood because it is only a temporary boost and jobs go away and often time workers go back on unemployment benefits. there's a positive and negative to this story and it is interesting that we see these movies are getting state tax breaks according to the government accountability institute. back to you, jenna. jenna: liz, thank you. >> reporter: sure. jon: here is some food for thought about the health of your heart. a simple diet switch that could cut your risk of heart disease by as much as 30%. also a new controversy as pope benedict gets ready to retire this week. it centers on the college of cardinals that will choose his successor. we're live with that story coming up.

did you know not all fiber is the same? citrucel is different- it's the only fiber for regularity that won't cause excess gas. it's gentle and clinically proven to help restore and maintain regularity. look for citrucel today. it's gentle and clinically proven to help restore and madad: you excitedy. for youyeah.st day? ♪ dad: you'll be fine, ok? girl: ok. dad: you look so pretty. ♪ i'm overprotective. that's why i got a subaru. love. it's what makes a subaru, a subaru.

jenna: brand new stories coming up next hour including this one. bp on trial with opening

statements today in the lawsuit stemming from that horrible gulf oil spill. billions of dollars in penalties now on the line. we're live at the federal courthouse with the latest on this. plus we have another case we're keeping an eye on. jodi arias is back on the stand today in her capital murder trial facing a very intense cross-examination but is that working for the prosecution? is it? how prosecutors are working to poke holes in her story that she killed her boyfriend all in self-defense. we'll go in depth. afghan president hamid karzai is ordering u.s. special forces to leave a key area in afghanistan amid some shocking allegations that have absolutely no evidence. general scales is here on what that is all about. jon: preventing heart disease could be as easy as changing your diet even for people at high-risk. an impressive new study suggests switching to a mediterranean diet, high in fruits, vegetables and good

fats, can prevent 30% of heart attacks, strokes and deaths from heart disease. dr. leigh vinocur, adjunct assistant professor at lsu health science center in shreveport, a frequent guest of ours. a 30% reduction in heart attacks and heart problems. that is a significant number when you consider the fact that heart disease is really the number one killer in the nation, isn't it? >> you're absolutely right, jon. and this is the first kind of large study that actually proved it clinically. in the past we had talked about the mediterranean diet and kind of anecdotally said that people that lived in that region seemed to have less heart disease and we new there were good fats in it but this study specifically looked to switching people to a mediterranean diet which is olive oil, nuts which have good fats, a lot of fish, sometimes poultry. very little red meat. an even red wine, so. jon: so you get your glass

of red wine with dinner with your fish and whatever else you're putting on the table? >> right. pretty enjoyable diet to eat so. jon: what is it about the diet that makes, that reduces heart disease? >> well it's those types of fats that are in olive oil or canola oil and fish, the omega-3 fats. those are very heart healthy and you know, this is an easier diet to stick with. the strict low-fat diets are kind of hard to stick with. although not everyone is convinced. there are some people that are very pro-low-fat, ornish, they point out it reduced heart disease and it didn't reverse it. they claim sticking to a vegan diet will actually reverse it. that is harder to stick to. the key you need to do something that's a lifelong change. jon: let's turn to another topic, the incidents of

whooping cough is on the rise in this country. we talked about that before. now we're hearing a lot of doctors are telling adults to get immunized even if they were immunized as children. why is that? >> well, there is two reasons for that and it's very interesting. because it appears, even people that natural got whooping cough and survived it, they don't have the this lifelong immunity. they can get it again unlike maybe measels or chicken pox where it is rare to get it again. so they're seeing that. then there's a new strain that they found actually is resistant to the vaccine we have. so, as an e.r. doc and a public health measure, if someone comes in and need as tetanus shot i ask them the last time that they ever got a booster for tetanus and whooping cough. i will give them a tetanus shot with the whooping cough and diptheria in it. it is called the tdap shot.

anyone around kids less than 12 months away should consider getting a booster of the whooping coughs because it is a fatal disease in small children. adults do okay. it is the best way to protect kids. jon: it is heartbreaking video when little kids get it. i can't stand watching the video. dr. leigh vinocur, thank you. >> my pleasure. jenna: did you see this over the weekend? a dramatic crash at daytona injuring more than two dozen fans. what went wrong next. and when bunnies go bad, jon. what one family says happened at the happiest place on earth and video they took of it. jon: oh, no. [laughter]

jenna: well, a historic farewell for pope benedict

xvi as a holds a last sunday blessing before he retires later this week. take a look at that crowd, right? today we're hearing reports of a controversy in the church as well as news that the college of cardinals may be electing a new pope sooner than expected. lauren green is live in our new york city newsroom with more. lauren? >> reporter: jenna, the pope signed a special legal document today allowing the cardinals to move up the start date of the conclave if they all arrive before the usual 15-day transition period after the papal seat is vacated. the pope will officially resign thursday. the rules around the 15-day timetable to start the process to choose a new pope were set in 1996 by pope john paul ii and only could be changed by another pope. that is what ben dick today benedict did today, one of his last official acts. he gave his final sunday blessing to huge crowds in st. peter's square. no date is set for the conclave to begin.

in order to have a new pope by the start of holy week, a new pope would have be installed by sunday, march 17th. the date change comes amid the news there will be one less cardinal voting in the enclave. cardinal keith o'brien of scotland, britain's highest ranking catholic leader is retiring and will not be attending. his resignation of archbishop of edinburgh is part of a mandatory age requirement because he is 75 years old but it comes in the wake of allegations of misconduct. british newspapers report that o'brien has been accused by three current priests and one former priest of acting inappropriately with them in the 19 80s. the cardinal said he will not monday that he will not attend the conclave because he does not want media attention focused on him during this most important session on rome. this puts pressure on someone like cardinal roger mahony of los angeles who says he will help elect a new pope in rome despite

calls from critics that we draw because of a sex scandal in the los angeles archdiocese. a lot to watch there. jenna: lauren, thank you. jon: i'm not sure you follow that, religion and this kind of thing about a misbehaving bunny. jenna: we'll try. jon: disneyland not apparently a happiest place on earth from a san diego family after an incident involving the white rabbit. manual carlos releasing a cell phone video of character carlos claims was getting physical with his daughter after she tugged on the bunny's tale. there you see the tug. listen to the laughter. here comes the bunny. okay. the white rabbit followed her, even holding her by the neck and arm. carlos saying, the girl got an earful as well with the white rabbit apparently swearing at her. that is what he says. the family is of course now, filing a lawsuit. jenna: i don't think you should be tugging anybody's tail though? what about that part of it?

doesn't justify the bad bunny behavior but. jon: hey, looks to me, dad is laughing through the whole thing. i just think --. jenna: probably didn't know what was said to his daughter. what would you do as a dad if you heard the bunny exchanged words with the kids. jon: characters are not supposed to speak, so we'll see. jenna: so you have complaints on multiple levels. jon: seems like it is her word's against the bunny's. jenna: we'll watch. that take it up with a legal panel this week. if we're lucky. new efforts to release the pakistani doctor who helped the u.s. track down usama bin laden, a story we're watching closely here on fox. those behind the movement have been urging the stars of "zero dark thirty." to get involved but the cast kept its silence until now. what they're saying about dr. afridi coming up. brace yourselves for round two. another major winter storm is battering the central plains and the midwest. a look at conditions now and where this storm is headed next.

jon: and brand new stories and breaking news as we begin the second hour. a blizzard blasts a widespread storm system packing heavy snow and high winds traveling east across the plains sparking fears it could trigger tornadoes in another region of the country. and hooray for hollywood. some actors now calling for the release of the jailed. doctor who helped lead u.s. navy seals to osama bin laden. who's calling for action to win this hero's freedom? back on the stand, the woman who admits she killed her lover expected to testify just minutes from now, and sparks could fly as the prosecution tries to win a conviction that could lead to the death penalty. it's all "happening now." jon: well, just in the last hour the white house making a new push to head off those deep

budget cuts. the president is talking to governors about the upcoming sequester and how people in those states will feel the pain. welcome to a brand new hour of "happening now," i'm jon scott. jenna: hi, everybody, i'm jenna lee x the sequester deadline now just days away. the president making a big push to get the nation's governors on his side as the white house for the very first time releases details of how the sequester could impact individual states. wendell goler is live at the white house with the latest developments. wendell, what's the latest from the president many. >> reporter: well, the president continuing to put pressure on congress. republicans say the pressure is taking the place of negotiating with them, though the white house says republicans are making negotiation impossible by ruling out having any new revenue as part of a deal. the governors are concerned that federal savings might shift burdens onto them, but the president aimed to enlist the governors' help in leaning on members of congress, most of whom returned to washington today after taking louisiana week off.

last week off. >> while you are in town, i hope that you speak with your congressional delegation and remind them in no uncertain terms exactly what is at stake and exactly who is at risk. pause here's the thing, these cut -- because here's the thing, these cuts do not have to happen. congress can turn them off anytime with just a little bit of compromise. >> reporter: tomorrow the president will begin showcasing the impact of sequester cuts on individual states when he travel s have virginia where 90,000 civilian defense workers would be furloughed one day a week, jenna. jenna: a big story in the state of virginia and many states, wendell. we know the president just made these comments in the last hour or so, but what's the republicans' take on all this? >> reporter: they say the president got the tax hike he'd been demanding at the end of last year when the rate was raised, the top rate on families making more than $450,000 a year. they say he traded away increased revenue as part of the sequester for an 18-month expansion of the nation's debt

ceiling at the end of 2011, and they say the 3% spending cut the sequester demands doesn't have to hurt as much as the white house says it will. >> the reality is nobody is saying he should make these exact cuts, but we can cut less than 3% of the budget without jeopardizing air traffic, without jeopardizing meat inspections. >> reporter: the problem the white house says is under the rules of the sequester the president can't decide what to cut. senate republicans may suggest cutting the federal work force this week, but the two sides will have to compromise to avoid the across-the-board spending cuts set to take place under the sequester. jenna: a few days left potentially, wendell. we'll see what happens. wendell goler live at the white house. we're going to go deeper into the possible political fallout, not only the effect on all of us, but what about the year ahead many politics? did the white house miscalculate the xop's resolve to get -- gop's resolve to get the fiscal house in order?

bret baier will join us in just a few minutes on all of that. jon: well, the weather hits just keep on coming as another major storm is moving across the heartland. it really got going in denver, still recovering from last week's massive blizzard. now it's targeting the central plains bringing more heavy snow, strong winds and whiteout conditions. meteorologist janice dean live in the fox extreme weather center. here we go again, janice. >> reporter: this actually could be more dangerous hand the first round that we saw hit the mains last week. we are dealing with extreme weather across oklahoma as well as texas, 10-foot snow drifts being reported in amarillo, 400 miles of i-40 closed. the the national guard is being called to assist drivers or who are stranded on i-40 in amarillo. we are hearing about 10-foot snow drifts in the area and over a foot of snow on the ground across the texas panhandle. in some cases we could see 1-3

inches of snow an hour. so this is a really dangerous situation that is unfolding for the texas panhandle, parts of new mexico up towards oklahoma and kansas. kansas city, you could get an additional 6-12 inches, a one-two punch from two storm systems. that has never really happened in their area since records have begun. so this is a historic snowstorm that is unfolding, a historic winter. look at the rain east of oklahoma city. so we could see the potential for lightning, thunder snow in this case. so very, very dynamic system, and as jon mentioned earlier, we also have the warm side of this where we could see the threat for tornadoes. but i just want to show you where our winter weather advisories extend from, parts of michigan back through portions of new mexico. the red here is where we have blizzard conditions for the next 12 hours. so not only a foot or more of snow on the ground, winds blowing 35-40, even 50 miles her hour making travel impossible in

these areas across the map. severe threat, we are expecting the storm prediction center to issue a tornado watch for portions of louisiana, mississippi as well as texas and arkansas. so the threat for hail, winds and, yes, we could see several damaging tornadoes throughout the day today. let's take a look at your future radar. the storm is going to push up into the great lakes, snow across interior sections of the northeast, but the really crucial snow and winds coming today and tonight for parts of the central plains and then across the ohio river valley. we're going to see the heavy rain threat and the threat for tornadoes as well throughout the day today and into the overnight. so, jon, this is a really dangerous situation unfolding. this storm system could be worse from the one that we just saw days ago across the plain states. jon: bad for travelers, but as maria pointed out, the farmers can certainly use the moisture in the midwest. >> reporter: in the long run it will be great for the drought, in the short term, extraordinarily dangerous.

jon: janice dean, thank you. >> reporter: okay. jenna: "happening now," opening statements underway against oil giant bp and other companies. this is all happening nearly three years after that deadly explosion in the gulf of mexico that triggered the worst offshore oil spill in our nation's history. we're live outside the courthouse in new orleans with the latest, casey? >> reporter: yeah, jenna. all the people we'veed to on the ground are really dubbing in the environmental trial of the century because, obviously, a lot of money is at stake here involving an awful lot of people. among those or who are suing the oil giant, the federal government, the gulf coast states and thousands and thousands of everyday people. we're talking about fishermen, the residents, the businesses, people who were crippled by the three-month-long spill back in 2010. the department of justice will be trying to prove that bp and its partners were grossly negligent by doing things like ignoring pressure readings in the well and failing to maintain safe drilling procedures which

caused the deepwater horizon explosion. and if the plaintiffs get their way, the federal judge could award them nearly $18 billion in a trial hacked -- that could last month or end at any time if bp decides to settle suddenly. the massive payout that will then be divvied up to the involved parties. >> major impediments to settlement is that the states want a lot of money for their restoration, and the federal government is, you know, looking more for a penalty and, obviously, wants their money back. as i understand, there is some disagreement on the federal side as to how much money they really want. >> reporter: now, the hotly-contested issue here is just how much oil gushed from that well into the gulf of mexico. the feds say it was nearly five million barrels, but bp claims that's overly exaggerated. that figure is so crucial

because the fines will be assessed on a per-barrel basis under the clean water act. environmentalists want their slice of the pie to continue restoration efforts now three years after the disaster. >> make sure that bp is held accountable to the ecosystem as the resources necessary to make sure they rebound and that we restore the system and that the states are compensated for the economic losses that they've received. >> reporter: in pretrial statements, bp has contended that no single action, person or party is responsible and that many parties share the blame. it's going to be interesting, jenna. jenna: it certainly will be. and we'll continue to watch it, casey. of thank you. jon: you've probably heard president obama warning americans we'll be feeling budget cuts as a result of the sequester. a look at the political fallout if democrats and republicans fail to reach a deal before friday. bret baier will join us coming up. and the u.s. already plans

to leave, but as we wind down the war if afghanistan, that country's president is leveling new accusations against u.s. special forces. nato is now firing back. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

jon: the military and government services are facing $85 billion in automatic cuts affecting troops in combat to pre-k programs unless lawmakers head off the sequester deadline on friday. for now both sides are digging in their heels, turning the latest budget battle into a political battle over who's to blame. let's talk about it with bret baier. bret, it has been suggested that both sides underestimated how far the other was going to take this thing. >> i think that's fair. i think, you know, the white house this coming up with this idea for the sequester, this trigger, believed that

republicans would never let this happen because it would have severe cuts to the military, and they would never go that far. and repalins believed that -- republicans believed that democrats would never allow these cuts to happen to domestic programs, and here we are. now,ing the supercommittee did not get their job done, and there is no meeting, there's no summit, there's no get together. the president's not calling lawmakers to get together and iron this out, there's no real negotiation going on over some piece of legislation. while the senate democrats did pass an alternative to replace the sequester, it never made it to the senate floor for a vote. there's question about whether that could even pass the democratic-controlled senate. the house republicans passed two versions of a replacement to replace the sequester, but it didn't include what democrats want which is to raise taxes, what they call raising revenue,

a balanced approach, they say. so or we are now here, and there is nothing going on as far as talking to replace it. jon: so -- >> when we get to friday, it seems like it's happening. jon: republicans gave in to the president on a tax increase on the top earners as part of the fiscal cliff negotiations. he got the tax revenue he he wanted and, what, now he wants more many. >> of course. yes, he wants more. he got $600 billion in tax rate increases in that deal. now the white house would like to see what the house speaker brought to the table the first time which was closing loopholes and deductions, and they would like to go after that, the white house would, as a part of this broader deal. of this is all shaping up towards the end of the month, jon, and this is the continuing resolution. and that is really the next big battle here in washington, and that is funding the government going forward. that is, as opposed to what

we're seeing now where people are debating how much this is going to hurt and how much pain we'll see and it's clear because of how the sequester is set up in these across-the-board cuts even though -- and we've talked about it on this network many times -- the size of government still increases, the way the sequester is set up, some communities and some places are going to see some pain because some people will be furloughed. the continuing resolution battle ends potentially in a standoff, if it does, with the federal government shutting down. and that's a much bigger deal. jon: yeah. we just heard president obama exhorting the nation's governors there at the white house to call your members of congress, visit them while you're in town, let them know that congress needs to get to work. but as you just pointed out, it's an idea that started with the white house, and apparently the president gambled that he'd be able to get john boehner, especially, on the house side to go along with him. boehner has finally just said, no, huh?

>> yeah, i mean, to be fair it did start in the white house, but republicans embraced it wholeheartedly, and the house speaker touted it as being a good deal at one point, and republicans and democrats voted on it and approved it. the president then signed this into law, and then when the supercommittee fell apart, the president held a news concerns at the white house in which -- news conference at the white house in which he said he was going to hold congress' feet to the fire, and he was not going to erase this sequester, kind of sword of dam cleese over the head of congress, and he was going to leave it in place. and it is now here. jon: yep. >> even lawmakers talking about passing what's called transfer authority enabling these agencies, the pentagon and others, to set priorities and not this draconian sequester setup. the white house is saying that they may not be in favor of that. so you have this standoff that it appears the sequester's going to move forward just as it is.

jon: we'll just see how bad it is. a lot of people say the politicians are sort of hyping the damage that we can expect starting friday. we'll see. bret baier from "special report." thank you. you can watch bret on "special report," all of the latest political developments, and this is going to be a big week, 6 p.m. eastern right here on fox news channel. jenna: well, u.s. special forces who risk their lives to defend the people of afghanistan, the innocent people of afghanistan, are under fire by the afghan president now. we're going to tell you what's behind hamid karzai's surprising accusations and what it means for our troops in the fight against the taliban. plus, some breaking news from sin city. police naming a prime suspect in a wild shootout that left of three people dead on the las vegas strip. now they need your help tracking him downment -- down. exciting and would always come to my rescue. but as time passed, i started to notice max just wasn't himself.

and i knew he'd feel better if he lost a little weight. so i switched to purina cat chow healthy weight formula. i just fed the recommended amount... and they both loved the taste. after a few months max's "special powers" returned... and i got my hero back. purina cat chow healthy weight. after a few months max's "special powers" returned... and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement.

it's called a reverse mortgage. [ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify for, the ways to receive your money, and more. plus, when you call now, you'll get this magnifier with l.e.d. light absolutely free. when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home. and here's the best part -- you still own your home. take control of your retirement today. ♪ ♪

jon: right now the search grows wider in a massive manhunt after a horrific shooting on the vegas strip. police have identified a prime suspect they say is responsible for three deaths near some of sin city's best known resorts. heather live at the breaking news with more on that. >> reporter: good afternoon, jon. investigators are now tracing states where they say that amar harris previously lived and worked, and that may include south carolina and also georgia. metro las vegas police found the prime suspect's range rover and also shell casings from the gun that they believe led to the deaths of three people on the las vegas strip last thursday. now, cops have released picture of 26-year-old harris. he also goes by the name of amar hah seem farooq harris. you can see it right there, it's a heart tattoo that's just below his right eye.

well, police say that he is considered armed and dangerous and that he has a long criminal record. now, cops say that harris fired rounds from his gun into a maserati that killed an aspiring rapper and then caused a taxi cab to crash and explode, and that killed two people inside that. here's what some of the victims' friends had to say. >> like someone has took my heart, just smashed it out of my chest. >> i guarantee that our lives will be forever changed by this tragic event. >> he's a first round draft choice in heaven today. he was something else. >> reporter: well, police also say they're beginning to look at surveillance video from the rio resort casino where they believe an argument started between harris and that aspiring rapper, kenny cherry. we'll bring it to you as soon as we get it. jon: and sill no sign of the suspect? >> reporter: no, not at all, which is why they're expanding their search around the country.

jon: thanks very much. jenna: new reaction to outrageous claims by the karzai government in afghanistan. nato says there is no evidence of any misconduct by u.s. special forces in a strategic province this, but that's what the afghan president has been saying. hamid karzai shocked top military brass yesterday alleging our troops are torturing and killing innocent villagers. karzai wants all u.s. special forces to leave wardak province within two weeks and stop all military operations there immediately. this area the gateway to the capital of kabul, it has been a prime target for the taliban, it's where where a lot of trains going on as well. why are these allegations only surfacing now? what's all behind this? retired major general bob scales is a fox news military analyst, and as we said, no evidence of this at all, but the karzai government saying our troops are harassing, annoying, torturing and murdering innocent people. what's this all about?

>> well, a little bit of history here, jenna. the alp program is a program that we've often used in the past. we used it in vietnam, it was called the strategic village -- jenna: al -- i'm sorry, general scales, if i could stop you because you're going to make an important point, i'm sure, but alp stands for what? >> that's the afghan local police, alp. that's these small militias that are loyal to village chiefs, and the u.s. military, the special forces in particular, are recruiting these locally in order to defend their villages just like we did in vietnam and just like dave petraeus did in iraq. the problem is, jenna, that they're not loyal to karzai, nor are they subject to his corruption. karzai thought that these alp forces would be disbanded after u.s. special forces pulled out of wardak. well, that's not happening. so what this is, in this our opinion, is a cynical effort by karzai to disband the alp so that he can gain control of the

military operations in this very key province, wardak, which sits just southwest of kabul. jenna: so he's tarnishing the name of our special forces for his political gain in afghanistan. what should be our response? >> well, our response should be to maintain the course. i mean, the alp, these local militias, are proving to be extremely effective. why? well, because special forces selects the heeders of these organizations -- the leaders of these organizations based on their ability to lead and fight, not on their allegiance to karzai. so these are very effective. in addition, remember, we're pulling out of wardak next year. to leave something behind that's going to be lasting, the best choice is to pick militias who live in the village and are likely to stay there and remain loyal to their village chief even if the central government's authority over wardak begins to fray in the years ahead. so this is an american investment that we have paid

for, and so far at least seems to be working well which makes it so strange that karzai has turned on american special forces in wardak in order to try the get the alp out. jenna: it doesn't sound strange if what you said is true, which is that he doesn't necessarily like these guys countering his power many government or the power of those that are going to follow him. one counterinsurgency expert said that what we're seeing in our troops being, you know, caught in the crossfire here, if you will, of these words and accusations is the politics of post-withdrawal. >> right. jenna: that this is just the beginning of more of these accusations that are going to be levied on our troops that are going to be there for another year and a half. >> yeah. and this is is so strange because karzai this many ways is shooting himself in the foot. the residual effects of these forces when left behind and nurtured by the afghans could be tremendous because the afghan army simply isn't big enough to control the whole country. they need every man with a rifle that they can get. the special -- american special

forces are extremely good at training and assisting these small units and setting them up to be effective just as we did in anbar province in iraq. so this is an advantage that karzai seems to be throwing away purely for political reasons. jenna: but, general scales, if he just wants to use our troops that way and talk so poorly about them, then why not just leave? you know, why not just full pull our troops out? if this is the way we're going to be treated after more than a decade at war in the country, then why stay? why stay another year and a half? >> well, i'm beginning to think that you're right, jenna. i think this is, this is so frustrating. and the people who i communicate with in afghanistan reflect a level of frustration that's just simply over the top. they are sick and tired of having, of having their effectiveness diminished either in the delivery of close air support, their ability to do assist and train and their ability toly craze with their partner afghan units. the more we begin to pull out, the more and more polics

rather than military effectiveness begins to play, jenna. jenna: something to think about today, for sure. general scales, always nice to see you. thank you. >> thank you very much. jon: one of the key informants who helped us find oust ma pin laden remains jailed in pakistan for helping to identify the most wanted man in the world. what's being done to try to help get him free. also, the pentagon caught in the middle of a political battle facing automatic budget cuts. the president says republicans are to blame, but "the washington post"'s bob woodward says it's really all the president's fault. our news watch panel takes a look at the arguments on both sides. on thanksgiving day, and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore.

go talk to your doctor. angie's liat angie's list, i autyou'll find reviews. on everything from home repair to healthcare written by people just like you. if you want to save yourself time and avoid a hassle, go to angie's list. at angie's list, you'll find the right person to do the job you need. and you'll find the right person quickly and easily. i'm busy, busy, busy, busy. thank goodness for angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. oh, angie? i have her on speed dial.

jenna: an update on a story we brought you on friday and one we've been very closely following here on fox news about an imprisoned doctor to helped the u.s. track down osama bin laden. a group in california is urging hollywood to help free the doctor from a pakistani prison. some of the stars of "zero dark thirty" are all on board with the eft. dominique d-natali is live in los angeles with this update. >> reporter: after nine days of appealing to the stars and the makers of "zero dark thirty," the osama bin laden movie which was up foray ward last night, finally reaction on the red carpet of the ceremony itself, from the likes of jessica chastain and also the lead male actor. we caught up with jessica and she explains her anguish over

dr. shakil afridi. >> i'm not a policy maker but i definitely believe that we should do whatever we can to release anyone held for trying to find him. yeah, it breaks my heart to think that he's still in prison. >> reporter: she wasn't the only voice that was expressing concern about dr. shakil afridi and the fact he continues to be mistreated by the pakistani authorities for helping america. jay's and clark who played the cia interrogator who conduct eastbound the waterboarding scenes in the movie was actually very well briefed. this is what he had too say about it. >> i think it's wrong that he is being held. i think we should do a little more than fine them $30 million, one for each year of his sentence. >> reporter: he's referring to the $33 million that pakistan has been penalized in terms of the annual u.s. aid that gets given by the united states

there. he wants to see him freed. the organizers are embarking on the second part of the campaign. they are handing out ribbons that you can get at their website. fox news viewers have been very interested and concerned about the plight of doctor fridi and want to show their support. we understand tomorrow the california congressman dana ro rorhbacer will be in front senate to encourage the state department to actually act finally and try to spring the doctor free. they have been making suggest he will attempts in the background but they really have got even nowhere in the many months that have passed since he was incarcerated in pakistan, jenna. jenna: a story we'll continue to watch and follow. thank you. jon: the white house and republicans as we've been telling you are fighting over who to blame if the sequester should kick in on friday. bob woodward of "the washington

post" is laying the blame squarely on the shoulders of president obama saying the white house came up with the sequester plan and the president approved it. so let's talk about it with our news watch panel today. jim i pinkerton a contributor editor and writer for a conservative magazine. alan colmes, author of thank the liberals for saving america. he says to them while you are in town visit your members of congress and tell them they've got to stop the sequester. the question is, whose idea was it? >> according to bob woodward and nobody at the time argued the point it was jack lew about to be our new treasury secretary which was president obama's chief of staff. this sequester argument needs rethinking and reframing here. if i tell you that i'm going to cut the department of transportation or defense by bim

kwropbs that sounds like billions, but it's 2%, everybody knows that anything can take a 2% cut and not notice if they are interested in economic micing and doing right. instead of course the president and the administration are making the most inflammatory case possible, and i think the mainstream media are helping them. jon: alan to hear the president tell it come friday planes will be falling out of the sky, children will be starving. >> i think in the long term it's going to be a problem. let's not forget that even if it began with jack hr-rb lew it was embraced by john boehner who did a powerpoint presentation to sell it to members of congress and now congress is on recess when they should be working to try to solve the problem. furthermore bob woodward in his own book is at odds with what he said in ace op ed piece. he said there were no cuts offered by the white house. in his book he said there was

$600 billion in cuts. he's arguing with himself on that one. jon: boehner also said that congress passed a couple of plans to let the presidential low indicate spending not take the meat axe approach but take the same number of cuts and allocate them elsewhere. >> they rejected when the president came forth with $2.50 in spending cuts forever dollar in new taxes they rejected that. they rejected everything the president has offered them. jon: jim is this really all about taxes? >> it could be, and i think the president has the bully pulpit. he's the one speaking to the governors and so on. i wouldn't underestimate his power to win this fight i. think if the republicans had wanted to win they should have gone back a year and held years for the last year about how you save a measly 2%. they should wear buttons, i can save 2% so can you, to show how minimal economizing would accomplish this. we are are at the last minute and i'm afraid the president has the upper hand. jon: the federal budget is still going up this year even with the

sequester we will be still spending more money. >> the rate of increase we're spending has been less than previous p. the rate of increase is less. there is always increase. even if we stop where we are now there is still an increase even with a sequester. >> except of course for 2009 when it went up like by 25%, other than that. >> because of the stimulus which i believe really helped the economy. but the rate of increase in spending, the president i think is unfairly criticized for spending when his rate of increase is lens his predecessors. >> that just proves how easy it is to do. if he's doing what you said, it shows it could be possible all along and will a little bit more than that. >> shouldn't congress be with session to deal with this. though. >> frankly, yes. jon: rare agreement between these two guys. >> this is a beautiful moment. jon: let's take you back to the oscar ceremony last night. big surprise first lady michelle obama was a presenter, presented the best picture award. here is how it looked as jack nicholson tossed it to the first

lady. what do you think about -- i don't know, using the white house as sort of a backdrop for the oscars, any problem with that, jim? >> well, i mean i admit that hollywood's infatuation with the obamas can get pretty thick as times, with dustin hoffman praising gun control and so on on the red carpet, however i think the saving grace of that moment last night was the troops in the background there. if the obama administration is willing to highlight our troops in hollywood, good for them. jon: alan, what did you think about it. >> i knew that conservatives, some of them might object to it. hollywood and politics got married a longtime ago. does anybody remember marlon brando when he rejected "the godfather"'s academy award and sent s be hatchen little feather to speak on behalf of native-american rights. we shouldn't be surprised that there are political speeches or a component -- i think jim had a good point, the troops in the

background made it fair & balanced. jon: we asked the white house just so you know, we asked the white house who they were and it turns out that they were some of the military aides who helped in serving or handling the dinner that had taken place last night for the governors who were in town for the national governor's association. those are some of the military aides who were part of that event. all right. alan colmes, jim pinkerton good to have you on. thanks. jenna: jodi arias is back on the stand in her very high profile murder trial facing witness therwitherin cross-examination from a prosecutor seeking the death penalty. we'll watch this, watch her answers, bring you any video and our legal panel will weigh in next on how it is all going. here is something you don't see every day, what one unlucky driver is saying abo how his car landed in this swimming pool. surely there has to be a good

story about that, right, jon? jon: wrecked the tarp, that's for sure.

jon: you know there are lots of things that you shouldn't let into your swimming pool and one of them is a car. this one is almost totally submerged after the 17-year-old driver lost control of the vehicle and crashed through a fence, then ended up in the deep end. it happened in sidney, australia. the car also knocked all the patio furniture into the water as well. the driver told police he simply wasn't concentrating. parents take note. luckily no one was injured. the driver expected to face a bunch of charges, including neglec negligent driving. jenna: the jodi airy as murde airarias is back in session.

the 32-year-old is charged in the brutal stabbing and shooting death of her lover travis alexander back in 2008. she does admit to killing him but claims it was in self-defense. what the prosecutor wants to do is the prosecutor wants to prove that she attacked alexander in a jealous rage, self-defense had nothing to do with it. heather hansen is a criminal defense attorney. nicole devore is a former prosecutor. we will show live pictures and dip in now and then to show our viewers what is happening here. quick question for you heather. do witnesses have an expiration date, kind of like milk cartons? this is her 10th day on the trial. is there a point where she becomes ineffective if you will? >> i think so. i think that the point has passed, i believe. this jury has been listening to her for a longtime, and the defense had her on the stand for almost nine days. now it's the prosecution's chance and they should have that

opportunity to cross-examine her. the quicker she can make her answers, the shorter amount of time she can respond to the cross-examination the better off she is. this jury has got to be fired tired of this case. >> do you think it was helpful to the defense or helpful to the prosecution? >> i think the defense had to keep her on so that she could create a relationship as best she could with the jury so that they are not going to want to put her to death. however, there is a fine balance between keeping her on long enough to create that relationship and nottess stranging the jury annottess stranging the jury and making them think her time has passed. jenna: we have a snippet of the way this trial is going, this cross-examination. let's play that now. >> that wasn't the truth was it that you were there to help him was it? >> no that what you not the truth. >> and in fact you were there for a different purpose, you were there so that he wouldn't get the truth, right? >> no, i was there against my will. >> you were there against your will.

you didn't have to talk to him, did you? >> in hind sight. >> yes or no, did you have to talk to him? i'm not asking you about hind sight. isn't it true you could have chosen not to talk to him, right? >> i could have i think. >> and -- well you keep saying i think. >> at the time i didn't -- >> ma'am, i'm skug, yo asking you, you keep saying you think. jenna: mr. martinez the lawyer is talking over her, sometimes she is looking at mr. martinez, like are you speak for exampli fospeaking english? he'll ask her something blue or grown and she looks like what do you mean like this. it's crazy to see them work off each other. what do you think of the prosecution's style sneer. >> it can be risky. you don't want to engage in a whole lot of argument with the witness unless the witness has done something to deserve it. the interesting thing here is she may very well have done something to deserve it and what i mean by that is that she by not being able or claiming that

she can't understand simple questions is probably pushing the limits of the jury's tolerance for her and they are not going to be minding when the prosecutor goes after her for these ridiculous comments that she's making that she says that she doesn't understand the question when the question is really pretty clear. it can be risky but if it's done at the right time it's effective. jenna: right now the way that the jury is right now nicole do you think there is one juror in there who thinks, you know what she was probably tkreufb to this. driven to this. she didn't want to kill him. she was probably driven to this and that one jury will save her from the death penalty. do you think the jury box looks that way right now? >> it's impossible to say. this defendant has started out with such an and surd set o absurd set of stories, that she is not likable. snickering at the prosecution makes her less likable. juries sometimes have a

difficult time putting females to death and that's what this case is about. jenna: it's a man being aggressive with what appears to be this meek woman, and she even has said on the stand, you know, you're talking to me the way that travis talked to me. is that -- >> that is exactly right. jenna: is that helpful to the defense to getting her off, getting her off meaning that she will not be put to death? >> i think that that's what they are trying to do at this point. juan martinez is an alpha male and he is definitely going after her and she is trying to make it look as though she is feeling intimidated to remind the jury perhaps that this is how she felt in her relationship with travis alexander. she needs one juror to side with her so she is not put to deat with the death penalty and she gets second degree, which is what she wanted to plead to. jenna: do you think she has it? >> it's hard to say. there are experts to be called. there are defense experts and experts from the prosecution to be heard with regard to her psychological status. jenna: thank you for your

expertise, we appreciate it. jon: a terrible crash at the daytona 500 injuring dozen of spectators sitting along the track. nascar fans are left wondering about their safety. [ male announcer ] why is kellogg's crunchy nut so delicious? because every flake is double-toasted... splashed with sweet honey... and covered in rich double-roasted peanuts. mmm. [ hero ] yummy. [ male announcer ] kellogg's crunchy nut. it's super delicious! i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! your doctor will say get smart about your weight.

that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

jenna: a huge storm is hammering the central plains. now we are getting brand-new video of what it looks like. a total blizzard. these pictures coming in from am rio, texas. the wind howling at more than 65 miles an hour, visibility less than a quarter mile as you can see. we've just learned as well, not only texas getting hit, kansas city declaring a state of emergency due to the storm. if you're out there today, midwest, central plains, be safe, certainly some more tough weather coming your way as it was last week. jon: or just don't go out. jenna: it's a kind of good day to stay in, watch a movie, watch

news, for example, maybe. jon: unfortunately the herds, the ranchers and farmers have to go out and feed the cattle. it's tough duty. nascar is taking a close look at the terrible crash that injured 28 fans over the weekend in daytona. band band has thajulie banderas has that from the breaking news desk. >> reporter: fans getting an eye full of the crash quite literally. within second after kyle larson's number 32 racecar went airborne the speedway became ground for a 12-car pileup as fans watched in horror, as you are now on your tv screens. one fan says when larson's car slammed into the catch fence a few rows in front of him a wheel went flying over their head, a suspension went over another. and a tire landed up. in all 28 fans were hurt by flying debris into the stands,

14 were sent to area hospitals, two were taken away in critical conditions. fans who walked away unharmed will never forget the scariest race day of their lives. >> you have to realize a motor was sitting in the stand, and a wheel, and i don't mean a tire, i mean a wheel with a brake drum on it and everything flying over your head and debris everywhere. >> reporter: crews were able to quickly repair the 22-foot high fence. nascar is going to look into the technology with this being the second car going airborne and spraying debris on fans. the president of nascar said at no time were the fans at risk and the nance say that they plan on going back next year. back to you guys. jon: julie banderas in our breaking news desk. thank you. and "happening now" will be back in just a moment. this is america. we don't let frequent heartburn come between us and what we love. so if you're one of them people who gets heartburn

and en treats day after day... block the acid with prilosec otc and don't get heartburn in the first place! [ male announcer ] one pill each morning. 24 hours. zero hearurn.

and don't get heartburn in the first place! chances are, you're not made of money, so don't overpay for motorcycle insurance. geico, see how much you could save.

♪ ♪ ♪ i don't want any trouble. i don't want any trouble either. ♪ [ enginturns over ] [ siren wailing in distance ] you know you forgot to take your mask off, right? we should probably get out of here. ♪ [ male announcer ] introducing the all-new beetle convertible. now every day is a top-down day. that's the power of german engineering.